[HISTORY: Adopted by the Township Committee of the Township of Little Egg Harbor 4-28-2011 by Ord. No. 2011-06. Amendments noted where applicable.]
Parks — See Ch. 261.
As used in this chapter, the following terms shall have the meanings indicated:
- SPECIAL EVENT
- Shall be deemed to include but not be limited to any block party, parade, contest, carnival, musical event, circus or other organized group of 25 or more people having a common purpose or goal, desiring to use public property owned by the Township of Little Egg Harbor, or any park as defined within Chapter 261, as well as proceedings along a public street or other public right-of-way. Special events shall include any event which will require use of a portion of Township property for sole use by a person, people or an organized group to the exclusion of the general public.
A person seeking the issuance of a permit to carry on a special event shall file an application with the Township Clerk. The application shall state:
The name, address and telephone number of the person applying for the permit. The person requesting the permit shall be deemed the contact person for the event unless otherwise specified. If a second person is specified as the contact person for the event, then that person's name, address and telephone number shall also be provided.
If the use or activity is to be conducted for, on behalf of, or by any person other than the applicant, the name, address and telephone number of that person.
The exact nature of the use or activity for which the permit is being sought.
The number of agents or representatives of the organization hosting the special event who will be present at the time of and during the special event shall be provided. Names of such agents and representatives shall be provided. Some identifying clothing or accessory, such as name tags, shall be worn by each representative or agent so as to make such persons readily identifiable.
The date the special event is to be conducted and the hours it will commence and terminate.
The Township property desired to be used, or if a park, the park and the portion of the park desired to be used to carry out the proposed special event.
Whether any music will be provided, either live or recorded.
The number, types and locations of all loudspeakers and amplifying devices to be used.
The activities planned for the event, the estimated number of persons to participate and/or attend, and the number and types of vehicles (if any) to participate participate and/or attend, and the number and types of vehicles (if any) to participate.
Applications shall be filed not less than 21 days nor more than 60 days before the date of the proposed use or activity.
A fee of $25 to cover the expenses incident to processing the application.
Chief of Police.
The Township Clerk shall notify the Chief of Police of the special event application and request that the area of the proposed area be inspected using the following criteria:
The conduct and location of the special event will not substantially interrupt or impede the safe and orderly movement of traffic.
The conduct of the special event will not be likely to result in damage to persons or property nor cause serious harm to the public.
The conduct of the special event will not interfere with the movement of fire-fighting equipment to such an extent that adequate fire protection cannot be provided to the Township.
Such other concerns deemed necessary in order to properly provide for traffic control, street and property maintenance and the protection of the public health, safety and welfare.
If the Chief of Police determines that the above criteria are satisfied, he or she shall sign the application, indicating whether said application is approved and any special conditions required, and return same to the Township Clerk.
The Township Clerk shall forward a special event application to the Township Administrator for determination and approval in accordance with the following:
Any special event permit issuance shall be contingent upon the Township Administrator providing for the closing of the street or streets which are the subject of the special event application, to be determined in accordance with Chapter 323, Vehicles and Traffic, Article XIV, Closing Municipal Streets for Preservation of Public Safety, Health or Welfare, §§ 323-24 and 323-25.
If the proposed activity or use for the special event will unreasonably interfere with or detract from the general public use and enjoyment of the park or Township property, the permit shall not be approved.
If the proposed activity or use will entail an extraordinary expense or operation by the Township, the permit shall not be approved.
If the Township Administrator determines that the above criteria are satisfied, he or she shall sign the application, indicating whether said application is approved and return the application to the Township Clerk.
The Township may impose reasonable conditions or restrictions on the granting of a permit, including, but not limited, to any of the following:
Restrictions on fires, fireworks, amplified sound, use of alcoholic beverages, dancing, sports, use of animals, equipment or vehicles, the number of persons to be present, the location of any bandstand or stage, or any other use which appears likely to create a risk of unreasonable harm to the use and enjoyment of the park by others or of damage to park property.
A requirement that the applicant post a reasonable security deposit for the repair of any damage to park property or the cost of cleanup, or both.
A requirement that the permittee submit evidence of liability insurance covering injuries to members of the general public arising from permitted activities.
All applicants must provide a certificate of insurance specifically naming the Township of Little Egg Harbor as an additional insured providing general liability, bodily injury and property damage coverage with minimum limits of liability not less than $1,000,000. If the applicant is an individual and the special event is not being held on behalf of any organization, the applicant may request a waiver of this requirement upon a showing to the Township Administrator of undue hardship.
The applicant shall agree to indemnify, defend and hold harmless the Township, its agents, servants, representatives and employees, from and against all losses, damages, claims, liabilities and causes of action of every kind, or character and nature, as well as costs and fees, including reasonable attorneys' fees connected therewith, and the expense of investigation thereof, based upon or arising out of damages or injuries to third persons or their property caused by the acts, omissions or negligence of the applicant, anyone for whose acts the applicant may be liable, or any claims arising out of or in any manner relating to the activities permitted pursuant to this chapter to the extent permitted by law. The applicant shall give the Township prompt and reasonable notice of any such claims or actions.
Any applicant that is insured by the Ocean County Joint Insurance Fund shall be exempt from the requirements listed in § 294-4A(3)(a) and (b) above. If an organization other than the applicant will be using Township property in connection with participation in a particular event and no separate application is submitted by that organization, the organization must comply with the requirements listed in § 294-4A(3)(a) and (b). If the additional organization(s) is also insured by the Ocean County Joint Insurance Fund, then that organization shall also be exempt from the requirements listed in § 294-4A(3)(a) and (b) above.
A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate security forces by the Department at the proposed use or activity.
A requirement that the permittee furnish additional sanitary and refuse facilities that might be reasonably necessary, based on the use or activity for which the permit is being sought.
Permits shall not be transferable without the written consent of the Township.
A permittee shall be bound by all park rules and regulations, if special event is in a park, and all applicable ordinances fully as though the same were inserted in his or her permit.
The person or persons to whom a permit is issued shall be liable for any loss, damage, or injury to any person or property whatsoever by reason of the negligence of the person or persons to whom such permit was issued.
The Township Clerk shall have the authority to revoke a permit upon the finding of a violation of any rule or ordinance, or upon the violation of any condition or restriction under which the permit was issued.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine of not more than $2,000, by imprisonment for a term not to exceed 90 days and/or by a term of community service not to exceed 90 days. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.